Calling the applicant to Police Station without mentiong the specific reason is an attempt to overawe or bully him. However, he can be called for the hearing of first appeal.
I thank DSouza ji for his comments and suggestions.
From: DSouza Wilberious Evanglist <wilevades@yahoo.co.uk>
To: "rti4empowerment@googlegroups.com" <rti4empowerment@googlegroups.com>; SHASHI KUMAR.A.R. <rudreshtechnology@gmail.com>
Sent: Monday, 7 November 2011 4:02 PM
Subject: Re: Fwd: [rti4empowerment] DCP zone !X makes mockery of RTI act
Shashi Kumar & others,
Has the S.P issued a police notice asking your brother to come to the police stattion?
Read Art 21 of The Constitution, Police have to indicate under what authority a person is being called to police station, why a person is being called. Police are not authorised to summon a an applicant to RTI to police station. Either, provide information or negate it in writing. If instance has happened within two years, file a complaint against SP to National Human Rights Commission. As SP is an IPS Officer, he/she functions at the pleasure of President as per Art 300 of the constitution. Report to President. Complain to DGIGP & Chief Secretary Government of Karnataka.
Seek status of your complaint using RTI. You may complain about him /her to Lokayukta too.
However, paradox is, we seek justice from those who perpetrate injustice &that is a PARADOX.
WEDS
From: SHASHI KUMAR.A.R. <rudreshtechnology@gmail.com>
To: rti4empowerment@googlegroups.com
Sent: Monday, 7 November 2011, 10:39
Subject: Fwd: [rti4empowerment] DCP zone !X makes mockery of RTI act
To: rti4empowerment@googlegroups.com
Sent: Monday, 7 November 2011, 10:39
Subject: Fwd: [rti4empowerment] DCP zone !X makes mockery of RTI act
---------- Forwarded message ----------
From: SHASHI KUMAR.A.R. <rudreshtechnology@gmail.com>
Date: Mon, Nov 7, 2011 at 10:38 AM
Subject: Re: [rti4empowerment] DCP zone !X makes mockery of RTI act
To: mkgupta100@yahoo.co
Mr. Guptaji , Had filed more than 300 applications before various police authorities , my experience is to protect the rti applicants it is better not to go to the police station they will the see applicant as like a criminal and recently for my own brother asked information pertaining to SP of police office , he called him nicely and thretned him to withdraw the application and cautioned him that how dare a citizen ask information with the police and he asked him to sit on the ground for 3 hours and he directed his pcs to throw him out , this is the situation , Hence these things brought to the notice of the commission
From: SHASHI KUMAR.A.R. <rudreshtechnology@gmail.com>
Date: Mon, Nov 7, 2011 at 10:38 AM
Subject: Re: [rti4empowerment] DCP zone !X makes mockery of RTI act
To: mkgupta100@yahoo.co
Mr. Guptaji , Had filed more than 300 applications before various police authorities , my experience is to protect the rti applicants it is better not to go to the police station they will the see applicant as like a criminal and recently for my own brother asked information pertaining to SP of police office , he called him nicely and thretned him to withdraw the application and cautioned him that how dare a citizen ask information with the police and he asked him to sit on the ground for 3 hours and he directed his pcs to throw him out , this is the situation , Hence these things brought to the notice of the commission
the commission already directed police officals should not go to the applicants house ,any communciation must be made through rpad only , Hence you can write to CIC to hear applications under section 18 of the act , The main aim of the retired burecurcrats rejection of section 18 complaints is less burden on them and to enjoy all privilages and to put more pressure on rti applicant to see that to get information he will be frustrated and next time he will not use the act
On Sun, Nov 6, 2011 at 8:38 PM, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:
Dear Shashi ji,I differ. There is a time limit of 30 days to dispose the first appeal and in not satisfied with the decision of FAA, second appeal can then be filed. There is no time limit to dispose the second appeal or complaint. Moreover, now a days, CIC in most of the cases, reminding back the appeals and complaints to the FAA. Though, reminding back the complaint, if that passes the test of section 18 of RTI Act, is a violation of RTI Act by the CIC.I cite a case, FAA has not responded to my First Appeal but even then, Mrs. Deepak Sandhu, IC has reminded back my appeal / complaint to the FAA. Till date, I have neither got information nor have been intimated any reason for not giving the info. The information sought by me from the DDA is not of personal nature but involve the interest of 635 applicants in the DDA Housing Scheme, 2008.Its unfortunate that we are unable to approach the High Court on such violations of the Act due to lack of time, resources and engery. After Mujib Rehman case, I have rarely heard suchbold decision rearly.Though so many advocates are member of this blog but that is making no differece and the CIC and SICs would certainly be a happy lot that there is no body or very little citizens to challenges there erronous decisions.From: SHASHI KUMAR.A.R. <rudreshtechnology@gmail.com>
To: rti4empowerment@googlegroups.com
Sent: Saturday, 5 November 2011 11:06 PM
Subject: Re: [rti4empowerment] DCP zone !X makes mockery of RTI act
Mr. ALMEDIA , DONT FILE ANY FIRST APPEAL UNDER 19(1) OF THE ACT PERTAINING TO POLICE DEPARTMENT , SINCE THERE IS POOR KNOWLEDGE ABOUT RTI ACT AND IMPORTANCE OF THE RTI ACT , EVEN THEY DONT KNOW SECTION 4(1) A AND 4(1) B OF THE ACT , IT IS BETTER TO FILE COMPLAINT UNDER SECTION 18 OF THE ACT BEFORE THE STATE COMMISSION PERTAINING TO POLICE DEPARTMENT
On Sat, Nov 5, 2011 at 6:01 PM, LESLIE ALMEIDA <lesals2000@yahoo.com> wrote:
Bandra (W) DCP zone 1X Pratap Digvekar Making a Mockery of RTI act,As an RTI activists, having a certified DOPT certificate and 5 yrs experience in practical field, had filed 3 RTI applications first week of July 2011at Bandra west west division office of Add comm..of Police carter road, Bandra west, Mumbai 400050, this sees to Bandra to Jogeshwari , Pertaining to Bandra Police station, no response, filed 3, 1st appeals before DCP on 29.08.2011 after several trips to both Bandra west Police station and DCP's office, the first appellant authority gave me date of hearing on 04 Nov, 2011, at 4 PM, there was a lot of appeals, I was no 8, every applicant came out in 5 minutes, when I went in there was No PIO of Bandra Police station, present, being just side of DCP's office, I asked where is the PIO, DCP did not respond, he asked me what was my complain about, I told him No complain only RTI appeal for which I have been called for, he did not even have the RTI appeal applications before him, so I asked him I have submitted my RTI applications For which as a applicant/ consumer I have fixed 20 Rs court fee stamps,.I read out my grounds for RTI appeal, in short: PIO neglected to provide info, PIO should be directed to provide info, PIO has not furnished any reason for not furnishing the info.I then read out my Info sought, copies of 8 complains filed against me dated so.copy of FIR filed against me dated Feb 2004 FIR no and date,the DCP told me I cannot get the Copy of FIR/Investigation report, I had no idea that An FIR was filed against me in 2004, until I got a copy of an complain under RTI made again in Feb 2011 listing all theses old complains, I was brutally stabbed on 23.01.2011 however survived. This complain was dated 20.02.2011.the abettor seing that I had lived. after a heated argument, the DCP called the PIO of Bandra Police station, which is just side of DCP's office, he told PIO not to give me copy of FIR as its 3rd party info, I told him I am affected party, FIR was filed against me, please refer to sec 11 of the RTI act. He was confused.he then half heartedly told PIO gavon tak tailya meaning give him the information or may be arrest him, he then asked me to leave, I told him I still have 2 more appeals, again he asked me what it was I told him when he conducts hearing he should have the original copy on his table, and not ask me again what is my problem, I showed him my copy of 2 appeals but did not give it to him, he demanded to see my copy, I refused, he then told me not to act tough, that he is a DCP, I told him I do not care if he is a CP or a P.M., he threatened to get me arrested, I told him arrest me right away I do not mind going to Jail, he then told me to get out from his office, I got up and left. he did not take up the 2 appeals, as he had no original copy of same. Before leaving I told him that that previous DCP K.M.M. Prasanna was much better than him, who conducted hearings in a just and orderly manner. again he shouted get out.This is our Police force, a Law unto themselves,who will Police the Police. I am contemplating complain u/s 18 of RTI act to SIC, however by past experience complains are never attended to as no provision ( time bound ) in the act Can someone having a effective solution to my problem, as I have been insulted and threatened by this 1st appeal authority .Mr Leslie Almeida ( Mumbai )
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